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slip lease

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Frank Hopper
Past Commodore

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Pitcairn Island
6776 Posts

Initially Posted - 01/03/2008 : 14:28:01

This is new to us, we had a Commodore last year who was in the property management business and he came up with the idea of a lease. Does this seem fair and balanced?

NINNESCAH SAILING ASSOCIATION, INC.
WET SLIP, MOORING AND YARD SPACE LEASE AGREEMENT Approved: NSA Board of Governors; June 2007 Revision Date: June 8, 2007
Effective Date: Leases and Renewals Commencing: January 1, 2008
- 1 -
(Please Print)
Slip # / Mooring # Yard Space #(s) ________ ________ ________
Lessee Name
Address
(street) (city) (state) (zip code)
E-mail Address
Phone: (Home) (Work) (Cell)
Emergency Contact Phone
Boat #1: Boat #2: Boat #3:
Make Make Make
Length/Year Length/Year Length/Year
Hull ID# Hull ID# Hull ID #
KS Reg/Doc # KS Reg/Doc # KS Reg/Doc #
Insurance Company Policy #
Liability Coverage ($100,000 minimum)
Agent Name Phone
This lease is made subject to the following terms and conditions:
1. Lessee requests the Ninnescah Sailing Association, Inc. ("NSA") to lease the above-referenced wet slip, mooring and/or yard space(s) for the above-described boat(s). Lessee agrees to timely pay all dues and fees as may be required by NSA Bylaws and/or Rules then in effect for the right to occupy the wet slip, mooring and/or yard space(s) as provided for herein for one rental season.
The wet slip and mooring rental season for the purpose of this Lease shall commence March 1 and end December 1 each year.
The yard space(s) rental season shall commence January 1 and end
December 31 each year. This Lease will automatically renew from year to year unless terminated by either party as provided for herein.
2. NSA reserves the right to terminate this Lease at any time for any reason and Lessee agrees to remove the boat(s) from the wet slip. mooring and/or yard space(s) within seven (7) days from the receipt of such notice of termination. NSA may refund that part of the rental fee which Lessee has paid for the balance of the rental season in accordance with NSA Bylaws and Rules, after deducting such costs and expenses as may be incurred by NSA which are to be paid by Lessee as herein provided.
3. Unless this Lease is renewed in accordance with the terms hereof and, in the case of the lease of a wet slip or mooring, unless Lessee has received permission from the NSA Harbormaster to utilize the wet slip or mooring during the winter, Lessee agrees to remove the boat(s) and related personal property from the wet slip, mooring and/or yard space(s) on or before the last day of the rental season as set forth
in paragraph 1 above, or within seven (7) days from the receipt of notice of termination as set forth in paragraph 2 above. In the event Lessee fails to remove the boat(s) and/or related personal property as herein provided, NSA, or its agents, may take possession of the boat(s) and related personal property and cause the same to be removed for storage at such place as may be convenient for NSA. Lessee hereby appoints NSA as its duly authorized agent with complete Power of Attorney to remove the boat(s) and related personal property or cause it to be stored as herein provided. Lessee agrees to hold NSA harmless from any damage to the boat(s) and/or related personal property and to
pay all costs and expenses incurred by NSA in removing the boat(s) and related personal property and causing it to be stored, as well as all expenses, including attorney's fees, in collecting all related costs and expenses from Lessee.
4. Lessee, on his or her own behalf, and on behalf of Lessee's guests and invitees, hereby releases and holds harmless NSA from any and all liability, costs, expense, damage, and/or loss of any nature and/or kind whatsoever (including but not limited to property damage, personal injury and/or death) arising out of, related to and/or caused
by this Lease, the storage of property at the NSA facility, the use of the NSA facility, any act of God, weather, and/or any other cause and/or event. Lessee uses the NSA facility at Lessee's own risk. Lessee understands and acknowledges that NSA does not carry
insurance to cover Lessee's property and that NSA is not liable for any loss and/or damage to Lessee's property. Lessee hereby agrees to maintain and furnish proof of insurance upon request for all boats and related personal property stored at the NSA facility; liability coverage shall be, at a minimum, $100,000.
5. Lessee hereby indemnifies NSA from any and all liability, damage, loss, etc. (including, but not limited to, reasonable attorney's fees) arising out of any breach by Lessee of this Lease and/or any negligent, wanton, criminal and/or malicious act of Lessee.
6. Lessee shall be responsible for any and all damage done to the property, guests, customers, agents, servants, and other lessees of NSA by Lessee, his or her agents, pets, servants, guests, invitees or any person on the premises because of Lessee.
7. Lessee shall be in default if Lessee: fails to make any payment required by this Lease and/or NSA Bylaws or Rules; fails to comply with all NSA Bylaws and Rules; and/or violates any term of this Lease. Upon default, NSA may: sell Lessee's property located within or at the NSA facility as set forth in paragraph 8 below; NSA may perform
work on Lessee's property stored within or at the NSA facility to bring Lessee and Lessee's property into compliance with the terms of this Lease and/or NSA Bylaws and Rules and charge the cost thereof to Lessee after giving Lessee ten (10) days written notice of any non-conformity; and/or NSA may deny Lessee access to the NSA facility.
8. LESSEE HEREBY GRANTS TO NSA A LIEN ON ALL BOATS AND OTHER
PERSONAL PROPERTY STORED WITHIN OR AT THE NSA FACILITY FOR ALL
PAYMENTS REQUIRED BY NSA BYLAWS AND RULES, AS WELL AS FOR ALL
RENT, HOLDOVER RENT, LABOR AND OTHER CHARGES TO BRING SUCH
BOATS AND/OR OTHER PERSONAL PROPERTY INTO COMPLIANCE WITH THE
TERMS OF THIS LEASE AND/OR NSA BYLAWS AND RULES, AND FOR ALL
EXPENSES REASONABLY INCURRED BY NSA IN TAKING ANY ACTION
AUTHORIZED BY THIS LEASE OR TO ENSURE LESSEE'S COMPLIANCE WITH
NINNESCAH SAILING ASSOCIATION, INC. WET SLIP, MOORING AND YARD SPACE LEASE AGREEMENT THE TERMS HEREOF, INCLUDING ATTORNEY'S FEES. THE BOATS AND/OR OTHER PERSONAL PROPERTY OF LESSEE LOCATED WITHIN OR AT THE NSA
FACILITY MAY BE SOLD TO SATISFY THE LIEN GRANTED HEREIN IF LESSEE
BREACHES THIS LEASE.
9. This Lease is not assignable by Lessee and Lessee may not sublet the wet slip and/or yard space(s) without the prior written consent of NSA. Lessee will not permit the use of the NSA facility, including the assigned wet slip and/or yard space(s), by any other party. If Lessee sells any boat identified herein and the purchaser desires to store
any such boat at the NSA facility, then the purchaser must enter into a lease with NSA or the subject boat must be removed from the NSA facility.
10. Lessee agrees to comply with all Bylaws and Rules established by NSA. Further, Lessee agrees to maintain all boat(s) and related personal property stored at the NSA facility in good and working condition to NSA's reasonable satisfaction.
11. NSA reserves the right to move the boat(s) and/or related personal property stored at the NSA facility pursuant to this Lease as may be deemed necessary by NSA, in its sole discretion, to preserve or protect the boat(s) and/or personal property, or NSA
property, or to facilitate the maintenance of NSA facilities or operations.
12. NSA reserves the right to use, without compensation to Lessee, any vacant wet slip, mooring or yard space(s) leased by Lessee on a transient basis.
13. Only the boat(s) identified herein shall be docked at the assigned wet slip or mooring or stored in the assigned yard space(s).
14. Open and clear pathways shall be maintained on the wet slip docks at all times by Lessee and guests.
15. No fixtures or improvements may be attached to the wet slip docks or the yard space(s) without the prior written consent of NSA. All approved improvements must be located and attached as directed by the NSA Harbormaster as to the wet slip docks and the NSA Yardmaster as to the yard spaces.
16. Three wire grounded cable ONLY shall be used to connect to the 110-volt electrical circuits provided. No permanent electrical fixtures are to be installed on the wet slip docks or the yard spaces without the prior written consent of NSA. If permission is granted, work must conform to all applicable safety and electrical codes. All electrical use shall be according to NSA Bylaws and Rules.
17. Holding tanks or heads shall not be discharged into Cheney Reservoir. NSA reserves the right to inspect all boats to ensure toilets/heads conform to all applicable rules, regulations and laws.
18. NO OPEN FIRES are allowed on the wet slip docks or in the yard spaces at any time. Only fully enclosable PROPANE grills are permitted on boats berthed in a wet slip. No charcoal grills are permitted.
19. All outside contractors or labor for hire must be approved by NSA. Outside contractors must submit a certificate of insurance, including proof of workmen's compensation coverage before approval will be considered.
20. FOR SALE signs, advertising signs, or other postings cannot be placed on boats or other personal property located at the NSA facility without the permission of NSA.
21. Lessee agrees to keep the wet slip and/or yard space(s) in a neat and orderly condition and free from anything which could constitute a fire hazard; Lessee will not place or store gasoline, diesel fuel or any other type of fuel in the above-referenced boat(s), on the wet slip docks or in the yard space(s) except in an approved fuel tank
within the boat.
22. Lessee agrees to timely notify the NSA of any changes in the information supplied by Lessee and recorded herein. Lessee grants permission to NSA to take all steps reasonably necessary to verify Lessee's compliance with the terms of this Lease and/or NSA Bylaws and Rules.
23. All notices to Lessee are deemed received when addressed to Lessee's address set forth above, on the earlier of: three days after mailing by first-class U.S. mail; one day after deposit with a reputable overnight delivery service; and/or upon hand delivery.
24. NSA and Lessee agree to waive trial by jury in any and all litigation by and between the parties hereto including, but not limited to, any and all litigation related to and/or arising out of this Lease, Lessee's membership in NSA, the storage of property by
Lessee within or at the NSA facility, and/or use of the NSA facility. The terms of this Lease shall be construed in accordance with the laws of the State of Kansas and Lessee and NSA agree and stipulate that the Eighteenth Judicial District, District Court, Sedgwick County, Kansas, is the court of exclusive jurisdiction and venue to determine any dispute between NSA and Lessee arising out of or related to this Lease.
25. No delay or failure to enforce the terms and provisions of this Lease, or to exercise any rights hereunder, and no partial exercise of any rights, shall be deemed a waiver of any rights of NSA pursuant to this Lease and/or applicable law.
26. Lessee acknowledges that he or she has fully read and understands each and every term of this Lease and fully understands the legal effect thereof.

Edited by - on

Nautiduck
Master Marine Consultant

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USA
3704 Posts

Response Posted - 01/03/2008 : 14:58:09

Too much to read in its entirety but I saw a couple of flags. First, you should be able to post a "For Sale" sign without permission. Second, at our club we can modify our slip with bumper rails, etc without permission.

At our club all the rules are in the bylaws. We don't sign anything for the slip.

Your document sounds more like a private business marina than a club.

Edited by - on

John Russell
Master Marine Consultant

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USA
3444 Posts

Response Posted - 01/03/2008 : 15:19:31

My marina will allow "for sale" signs while on the hard not on the water. The reasoning is that the signs encourage browsers that may pose a security risk because they have no connection to the marina or any of the boats there. Makes sense to me.

Edited by - on

DaveR
Master Marine Consultant

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USA
2015 Posts

Response Posted - 01/03/2008 : 15:30:12

Seems a bit harsh to me. They sure want to hold you liable, be able to place a lien, nullify the lease and have power of attorney but don't want to be liable for crap themselves. I have limited experience with marinas but haven't ever had to sign anything like this before.

Edited by - on

dlucier
Master Marine Consultant

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Virgin Islands (United Kingdom)
7583 Posts

Response Posted - 01/03/2008 : 16:07:28

Reading paragraph 3, it appears if you don't remove your boat when asked, the NSA can take possession of your boat, hook it up to a back hoe, drag it up the launch ramp, then charge you a removal fee.

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dmpilc
Master Marine Consultant

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USA
4593 Posts

Response Posted - 01/03/2008 : 16:23:16

Looks a lot like our slip lease agreement (marina is city park property).

Edited by - on

Steve Milby
Past Commodore

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USA
5902 Posts

Response Posted - 01/03/2008 : 18:17:19

I haven't read the entire lease, but from skimming it, there is one significant concern. Paragraph 23 provides:

"23. All notices to Lessee are deemed received when addressed to Lessee's address set forth above, on the earlier of: three days after mailing by first-class U.S. mail; one day after deposit with a reputable overnight delivery service; and/or upon hand delivery."

This paragraph is especially important, because, in the event the marina decides to take any action against the lessee, they first must serve notice on the lessee. If you don't receive your notice, they might take action, such as removing your boat, before you even know there's a problem. If you don't meet any time limit for objecting to such action, you will probably have no legal remedy, even if the action was wrongfully taken. In other words, if you want to defend against such action, you must take defensive action within any prescribed time limit, or you'll lose your right to defend. If you don't receive timely notice, it'll be impossible for you to take such action.

Three days after mailing by first class mail is too short. The courts that I have seen discuss this issue say 5 days is reasonable, because 3 days doesn't allow for non-delivery on holidays, etc, and first class mail is subject to occasional delays.

One day after given to an overnight delivery service is too short. Those services have different classes of service, and some don't ensure delivery within one day. It also doesn't allow for holidays and weekends, and I don't believe they deliver on all holidays. Probably 3 days would be minimally reasonable, as long as the means of service assures delivery within 3 days.

Edited by - Steve Milby on 01/03/2008 18:20:40

Dave Bristle
Master Marine Consultant

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Djibouti
10005 Posts

Response Posted - 01/03/2008 : 21:31:56

Yup--same old thing... Page after page of gray gobbledigook--too much for anyone to read it all... (even our resident attorney).

Item 12... It seems to me they shouldn't be able to use your slip except during periods you have specified to them that it will be vacant (such as before you launch and after you pull out). (I didn't finish the rest.)

Edited by - on

britinusa
Web Editor

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USA
5404 Posts

Response Posted - 01/04/2008 : 06:36:23

I'm no attorney (but I did stay in a Holiday Inn last year). In Florida, many of the rules would break the renters laws down here.

Paul

Edited by - on

Champipple
Master Marine Consultant

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USA
6855 Posts

Response Posted - 01/04/2008 : 07:03:13

Most of the contract seems standard as far as rules and regs with a few exceptions - for sale signs for example. I also see putting a lien against the sailboat as a bit off. I thought that sail boats in KS were not titled so what is to stop you from just selling it anyway? (not sure how the entire lien process works,so I can't comment further on that.)

Other thoughts:

We have a dockage contract but it isn't that extensive, the rules are contained within the bylaws of the club. Modifications to the dock, need to have adequate docklines, dockbox size and mounting location, painting the dock, putting other appurtances on the dock - how when and what at a minimum are covered in the club bylaws. Break the rules you will get brought up on house charges and can get tossed. If you get tossed you lose the dock. We also have to pay in full at the beginning of the season, so they have their cash upfront.

26 is interesting because what if you don't understand 26???

Some of it also looks like it might have been taken from other contracts at varying locations. 12 for instance - do you have that much transient activity? One thing 12 does not address is what defines a vacant slip. If you go out sailing can they stuff somebody in there? We are asked (not required) to notify the club if we are going away for an extended period at which time they will assign our dock to transients. We have tons of open slips of late so this isn't even an issue right now. (anybody looking to join by the way - the boat show in two weeks usually has some stellar deals including initiation discounts, bar and galley credits, and free dockage for a year.)

15-19 seem pretty standard and are covered in our bylaws and are enforced by our dock and catwalk committee.

Edited by - on

Renzo
Admiral

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USA
621 Posts

Response Posted - 01/04/2008 : 09:10:05

"First we must kill all the lawyers" - Shakespear

Think about it, all this wordage just to rent (not buy) a hole in the water. Good thing it's not a contract for medical insurance!

Edited by - on

Dave Bristle
Master Marine Consultant

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Djibouti
10005 Posts

Response Posted - 01/04/2008 : 09:23:17

I think the main difference between having these terms in a contract and having them in bylaws (where the contract refers to the bylaws) is that bylaws can be changed without your permission via a process generally defined within them (vote of members, whimsy of management, etc.), whereas (a legal term) a contract can only be amended with your agreement. Also, bylaws are the same for all--the contract could be amended between any lessee and the lessor, so could vary among lessees. (Your dockmate's contract could allow For Sale signs...) Take your pick--these items are generally defined somewhere, one way or the other.

Edited by - Dave Bristle on 01/04/2008 09:28:00

jerlim
Master Marine Consultant

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USA
1484 Posts

Response Posted - 01/05/2008 : 15:10:33

#24 is my biggest concern, aside from all of the "it's always your fault, even if it's our fault" intentions, forfeiting your right to a jury trial is asking a lot.

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Champipple
Master Marine Consultant

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USA
6855 Posts

Response Posted - 01/05/2008 : 18:10:58

Milby would probably know for certain, but I think the precedent exist in numerous places that you cannot forfeit that right.

Edited by - on

Steve Milby
Past Commodore

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USA
5902 Posts

Response Posted - 01/06/2008 : 06:42:35

You can waive your right to a jury trial, either in a civil or a criminal case. In a civil case in which the only thing in dispute is a few thousand dollars, or the right to use a boat slip, it wouldn't bother me to waive my right to a jury trial, and to have the case heard by a judge instead. Most people would resent being forced to take time off from work to sit on a jury for two days to hear a minor dispute between a marina and a "yacht" owner. Jurors might decide to take their resentment out against one of the parties, and there's no way of predicting which one. They'd probably take it out on the one that they perceived was arrogant, fat and happy.

Edited by - on

OLarryR
Master Marine Consultant

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USA
3460 Posts

Response Posted - 01/06/2008 : 08:10:35

My marina has a contract we all have to sign. It is pages and pages long. Perhaps 5 pages. I can't say right now how similar it is to the one above but it has some clauses such as you are not allowed to work on your boat using power tools unless the work is on the inside. It has a number of paragraphs of this nature and they are addressing maintaining the health of the river.

I remember one day using my little Dremel making a small cut in a piece of wood while sitting in my cockpit. They came after me to see what the noise was all about. But when they saw it was just a little Dremel tool, they left me alone. I did not even think of the restriction on power tools and so then I decided on my own to finish the work up near the park benches.

The one restriction that really urks me is the one regarding using any paints, varnishes, etc while the boat is in the water. Well...I sometimes do minor work (once every 6 months) on the trim, etc and so I sometimes have to employ stealth techniques depending on what I am doing.

Edited by - on

Dave Bristle
Master Marine Consultant

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Djibouti
10005 Posts

Response Posted - 01/06/2008 : 10:35:21

Steve is right about the jury (I'm sure having seen a few in his career)... I've taken time off to serve, and I relate!

Edited by - on

Champipple
Master Marine Consultant

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USA
6855 Posts

Response Posted - 01/06/2008 : 14:43:05

I thought there was some case where waiving your right in advance of an actual issue arising didn't mean anything and you could still request trial by jury later on. Must have been a different issue on a different episode of Law and Order!!! (doink doink)

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Dave Bristle
Master Marine Consultant

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Djibouti
10005 Posts

Response Posted - 01/06/2008 : 14:59:35

<blockquote id="quote">quote:<hr height="1" noshade id="quote">Originally posted by Champipple
 ...Must have been a different issue on a different episode of Law and Order...<hr height="1" noshade id="quote"></blockquote id="quote">...America's source for legal information, and Presidents...(?)

Edited by - on

Champipple
Master Marine Consultant

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USA
6855 Posts

Response Posted - 01/06/2008 : 17:50:01

Easy there Dave -

Without him we'd be missing two pretty big quotes

Mr. Butterfield, are you aware of the installation of any listening devices in the Oval Office of the president?"

A Russian doesn't take a dump without a plan son.

Edited by - on

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